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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is engaged in the construction business in the name of “A” and operates a store in the name of “D” with the Defendant’s mother and wife.
On June 2, 2009, the Defendant was issued KRW 11.5 million from the victim F in the “D” restaurant located in Seocheon-si, Seocheon-si, to the victim F, who was aware of the fact that the Defendant borrowed money from the credit card price and household check payment until September 2009, and received KRW 5 million in cash from the victim who believed it as borrowing money, i.e., from the victim who believed it, received KRW 5 million in cash as borrowing money, and received KRW 11.5 million in total from the victim as borrowing money from the victim during the period of October 2009.
However, in fact, at the time, the Dispute Resolution Co., Ltd had a fixed expense of KRW 600-7 million and had no operating profit, and there was a debt of approximately KRW 30 million in relation to the operation of the above restaurant. In addition, since there was no special property with economic value, such as the establishment of two collateral mortgages, there was no intention or ability to pay the above loan properly.
Accordingly, the defendant deceivings the victim, and acquired 11,50,000 won as the borrowed money from the victim.
2. Determination of the establishment of a crime of fraud by defraudation of the borrowed money should be made at the time of borrowing. Thus, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, if he did not repay the borrowed money thereafter, this is merely a civil default, and it cannot be said that a criminal fraud is established. Meanwhile, the existence of the criminal intent of defraudation, which is a subjective constituent element of a crime, shall be determined by taking into account the objective circumstances such as the defendant's re-performance before and after the crime, environment, content of the crime, the process of performing the transaction, and relationship with
Modern, Modern, this Court.